Websade GENERAL SALES/LEASE CONDITIONS CLIENT HOLDER

 

Article 1 Definitions General Terms and Conditions: these terms and conditions;

Agreement: any agreement or agreement between Websade and the client regarding the delivery of goods and/or services, of which Agreement these General Terms and Conditions form an integral part;
Client: any natural or legal person who purchases goods and/or services from or through Websade; 

  • KVK 91594162

Established in Sint Jacobiparochie, The Netherlands

Article 2 Applicability

2.1 – These general terms and conditions apply to – and form an integral part of – every offer, quotation and agreement relating to products and services of any kind to be supplied by Websade hereinafter referred to as “Websade”, unless expressly agreed otherwise in writing. These general terms and conditions prevail over and supersede other general terms and conditions that have been declared applicable.
2.2 – In the event that both the general terms and conditions and the general terms and conditions of the client apply, these general terms and conditions shall prevail.
2.3 – These terms and conditions can only be deviated from if the parties have expressly agreed so in writing.
2.4 – If and insofar as any provision of these General Terms and Conditions is declared null and void or annulled, the other provisions of the General Terms and Conditions will remain in full force and effect.
2.5 – Websade is entitled to unilaterally change these General Terms and Conditions. With which these take effect with retroactive effect if Websade wishes so to the day of the first deposit of the General Terms and Conditions “June 2023”. The modified General Conditions are freely available for inspection on the official website websade.com.

Article 3 Conclusion of an agreement

3.1 – Unless expressly provided otherwise, the agreement is concluded as soon as Websade have confirmed the Client’s request in writing, or as soon as Websade have started the actual implementation.
3.2 – When it is stated in these General Terms and Conditions that an action must be done in writing, this also means by e-mail.
3.3 – Electronic communication is deemed to have been received on the day of transmission, unless proven otherwise.
3.4 – Websade reserves the right, without stating reasons, to refuse a request to provide services.

Article 4 Dissolution and termination

4.1 – The Client is deemed to be in default if it fails to fulfill any obligation under the agreement or fails to do so on time, as well as if the Client does not comply with a written reminder to fully comply within a set reasonable period of time.
4.2 – In the event of default on the part of the Client, Websade is entitled, without any obligation to pay compensation, and without prejudice to its rights, to dissolve the agreement in whole or in part by means of a written notice to the Client and/or any amount owed by the Client to Websade. Immediately to claim in its entirety and/or to invoke the retention of title.
4.3 – Websade is authorized to dissolve the agreement with immediate effect if the Client applies for a moratorium or bankruptcy or if an application is made against him or if all or part of his assets are seized. All invoiced amounts and amounts still to be invoiced will then become immediately due and payable.

Article 5 Offers and quotations

5.1 – All offers and quotations made by Websade, in whatever form, are without obligation and must be regarded as an invitation to make an offer to enter into an Agreement, unless a term for acceptance is included in the offer.
5.2 – All offers and quotations lose their validity after 30 days after the date, unless stated otherwise.
5.3 – All indications in offers, quotations or agreements and the appendices thereto, such as text, images, drawings, sizes, weights, yields and colours, as well as the properties of any sample copies provided are only indicative. Deviations are therefore not at the expense and risk of Websade.
5.4 – Obvious clerical errors or mistakes in the offers of Websade release it from the fulfillment obligation and/or any obligations to pay compensation arising therefrom, even after the agreement has been concluded.

Article 6 Performance of the agreement

6.1 – Websade will execute the Agreement to the best of their knowledge and ability and in accordance with the requirements of good workmanship. The Agreement to be concluded between Websade and the Client has the character of a best efforts obligation. Websade cannot guarantee that its services and systems will function uninterrupted at all times.
6.2 – Websade is entitled to transfer the agreement between Websade and the client to a third party, whereby all agreements and payment obligations and other obligations between the Client and Websade are transferred to the third party and Websade are released from all obligations towards the Client applicable for current and future affairs.
6.3 – Goods/services are deemed to have been delivered as soon as Websade have delivered the goods/services to the Client or had them delivered or virtually delivered. From the moment of delivery, the delivered goods/services are at the risk of the Client.
6.4 – The statement of delivery terms in offers, quotations, agreements or otherwise is always made by Websade to the best of its knowledge and these terms will be observed as much as possible, but they are not binding.
6.5 – Websade is not bound by a delivery term, whether or not the latest, if the parties have agreed on a change in the content or scope of the Agreement.

Article 7 Prices

7.1 – All prices are in euros and are inclusive of turnover tax (VAT) and other levies imposed by the government. Any special extra costs related to the import and/or customs clearance of items to be delivered by Websade to the Client are not included in the price and are therefore at the expense of the Client.

 

7.2 – The amounts shown in the offers of Websade are based on the prices, exchange rates, wages, taxes and other factors relevant to the price level that exist during the offer. If one or more of the factors mentioned are changed after the (order) confirmation, Websade is entitled to adjust the agreed price accordingly. If the price index figure rises more than 2.5%, Websade is entitled to pass this on to the client in his monthly or annual lease amount.

Article 8 Payments

8.1 – Clients of the client have the option to pay for orders online. This can be done by means of iDEAL , Paypal , credit card or bank transfer. These payments are made by a third party to be designated at a later date. Websade takes no responsibility for this.
8.2 – Websade is dependent on various parties for the payment of funds, such as banks, credit card companies, Payment Service Providers and the company Stripe and the like. And can never be held responsible for this. Websade makes every effort to make the payments as quickly as possible, but cannot guarantee that the payments will be on the Client’s bank account on a specific day.
8.3 – Websade ensures that the payments are transferred to a bank account number specified by the Client. The Client must check whether the payments have been received on the correct bank account number.

Article 9 Complaints

9.1 – Any complaints about a product supplied by Websade or a product supplied by The service provided to Websade must be immediately communicated by the Client to Websade in writing and with reasons. If 14 days have elapsed after delivery of the products or services, the Client can no longer make a justified complaint, unless the defect at the time of delivery would not have been detectable during a careful and timely check. In that case, the Client must inform Websade of the defect in writing, stating reasons, within 7 days after the defect has become known to the Client or could have become known.
9.2 – Studentsites is not obliged to accept returns from Client without prior written consent. Receipt of return shipments in no way implies acknowledgment by Websade of the grounds stated by Client for return shipment. The risk with regard to returned products remains with the Client until the products have been credited by Websade.
9.3 – If the Client invokes a possibly agreed guarantee scheme, but that appeal subsequently turns out to be unjustified, Websade has the right to charge the work and costs of investigation and repair that have arisen on its part from that appeal to the Client in accordance with its usual prices.

Article 10 Retention of title


10.1 – All products to be delivered and delivered by Websade remain the property of Websade under all circumstances.
10.2 – Client is obliged to keep the products delivered under retention of title with due care and as recognizable property of Websade.
10.3 – The Client is not authorized to pledge to third parties, otherwise encumber or transfer in whole or in part the products delivered subject to retention of title, as long as the ownership thereof has not passed to it, except insofar as this transfer is carried out in the course of the usual business activities of the Client. the client takes place.
10.4 – If Client fails to fulfill its payment obligations towards Websade or Websade has good reason to fear that Client will fail in those obligations, Websade  is entitled to take back the goods delivered under retention of title. Client will cooperate and grant Websade free access to its sites and/or buildings at all times for the purpose of inspecting the items and/or exercising the rights of the Websade . After repossession, Client will be credited for the market value, which can in no case be higher than the original price that Client had agreed with Websade , less the costs arising for Studentsites from the repossession.

Article 11 Maintenance

11.1 – Websade reserves the right to interrupt services if they deem this necessary in the context of maintenance. Client acknowledges that performing maintenance may cause interruptions in the provision of services. To this end, Websade may, inter alia, perform the following actions: checking files or/or data for signals of unsafe or illegal actions, computer attacks and computer viruses.

Article 12 Force majeure

12.1 – Websade is not liable if a shortcoming is the result of force majeure.
During the period in which there is force majeure, the obligations of Studentsites are suspended. If the period in which the fulfillment of the obligations by Websade is not possible due to force majeure lasts longer than three months, both parties are authorized to dissolve the agreement without judicial intervention, without any obligation to pay compensation in this regard.
12.2 – Under the term ‘force majeure’ as referred to in this article is in any case understood unforeseen circumstances, also of an economic nature, which have arisen through no fault or fault of Websade , such as serious disruption in the company, forced reduction of the production, strikes and lockouts, both at Websade and at supply companies, war, hostilities, martial law, mobilization, either in the Netherlands or in any other country where any branches of Websade or of supply companies are located, delays in transport or delayed or incorrect delivery of goods or materials or parts by third parties, including supply companies of Websade .
12.3 – If Websade have already partially fulfilled their obligations upon the occurrence of force majeure, or can only partially fulfill their obligations, they are entitled to invoice the part already delivered or the deliverable part separately and the Client is obliged to pay this invoice as if it were a separate agreement.

Article 13 Liability

13.1 – Websade is not liable for damage that the Client suffers, if and insofar as that damage is the direct result of conscious or unconscious recklessness of managers of Websade.
13.2 – The total liability of Websade will in all cases be limited to compensation of the lease costs paid by the client to Websade during the period of the damage incurred, whereby the total amount to be paid by Websade to the Client under any undo obligations and compensation for damage will never amount to more than the maximum amount of the price stipulated for that agreement (excluding VAT).
13.3 – Websade is not liable for damage.
13.4 – Websade is not liable for damage caused by incorrect descriptions, prices, opening hours, delivery areas, promotions, discounts, discount codes and savings cards, et cetera. Changes requested by Client must be checked by Client after implementation by Websade.

Article 14 Third-party data

14.1 – If the Client wishes a link with a third party, Websade and/or third party have the right to store these orders on their servers.
14.2 – If Client enters an order manually, Websade and/or third party have the right to store this order on their server. 

14.3 – Websade stores the data of Client’s clients in a client file. This client file is used by Websade for administrative and technical matters.

Article 15 Intellectual property

15.1 – Websade  has the right to use the name, logo and intellectual property of Client for the development of the website.
15.2 – Client guarantees to Websade that Client is fully entitled and authorized to use the copyrighted work supplied by him and have it used by Websade .
15.3 – The Client guarantees that the publication of the illustration(s) supplied by it does not infringe the copyright or any other right of a third party and, insofar as the illustrations consist of one or more portraits, that the consent of the person(s) portrayed, to the extent required by law. If the Client has not obtained the necessary permission from a third party, the Client will report this in writing upon delivery to Websade and he undertakes to report the facts that may be important to assess whether permission is still required.
15.4 – Client is responsible for any claim by a third party against Client and/or Websade regarding the content of the work, based on copyright infringement.

Article 16 Domain name

16.1- Websade chooses to have the registration of a domain name through Websade and Websade remains the rightful owner and holder of the domain name at all times during the annual subscription. Websade may manage the domain name for technical, administrative and commercial reasons with the Client’s consent.
16.2- With all website packages except the package ‘Personal Basic’, a domain name is included in the price, the requested domain name must be available and also of commercial importance for Websade. If a domain name exceeds the price of 20 € per year, the client is responsible to pay the extra costs for the domain name.

Artickel 17 Customer Obligations

17.1 – Clients are responsible for submitting the text, images and any other digital files requested to be shown in their website. Websade cannot be held liable for any mistakes in text, images or any other digital files onces provided by the client.

17.2 – Clients are responsible for ensuring the information given falls under copryight protection as mentioned in article 15.3.

17.3 – If client fails to provide the correct information, or if Websade is requested by te client to make any changes regarding the text, images or any other files an additional 25€ per hour will be charged. 

 

Article 18 Disputes and applicable law

18.1 – An agreement concluded with Websade is exclusively governed by Dutch law. Foreign laws and treaties including the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (Vienna Sales Convention) are excluded.
18.2 – Any disputes relating to this agreement or arising from this agreement will be settled in the first instance by the competent court in the district where Websade is located at the time of the conclusion of this agreement.

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